firefighters are afraid of, that the flames are out. in black smoke could be seen for miles. what firefighters are afraid of now that the flames are out. >> international fugitive john mcafee admits he was playing us. the two things he says he faked

to get back in the united states. >> a new film that's getting nauseating reviews. why the hobbit is making some people physically sick. good evening i'm ken bastida. >> and i'm elizabeth cook. an east bay business is in ruins after a fire so intense even firefighter history to back off. the fire sent up a giant flume of black smoke. a viewer sent us these photos of flames. they were taken from a business across the way from the fabricating and welding shop. mark sayre is there. >> reporter: investigators plan to return in the morning to pinpoint the exact cause of the fire, which could be seen throughout fremont. tonight the fire is still smolder at the c&h enterprises building. fire officials say a grinding

operation involving metal shavings was underway at the time the fire broke out. employees ran for safety. >> jay came running into the office. i could see the smoke building over the roof into the front. he said call 911 we have a fire. it just started getting worse. >> reporter: did everyone get out? >> everyone got out. >> reporter: the first 911 calms came around 1:45 this afternoon. since this is a commercial building with chemicals and solvents the fremont fire department says the potential for danger was very real and issued a shelter in place order for the surrounding area. >> we knew we had hazardous materials in the building. >> while everybody is safe, fremont resident says he is sad to think what the fire means

for the employees who work here. >> i feel bad for the people who are going to be losing their jobs over this at christmas time. just really a shame. >> back to a live picture in the warm springs district of fremont. you can see the plumes of smoke coming out of this building. fire officials say this is going to be expected throughout the evening. they do have crews here to monitor the situation. at this point fire investigators have not been able to get inside the building. reporting live. >> san francisco police sergeant is parked at a desk for now after boasting about a dangerous offduty joyride. he had a facebook post he bragged that he and his friends were drunk as they blasted through the broadway tunnel at 100 miles per hour in a

lamborghini. the sergeant later changed his story but he's been assigned to at min straitive duty. the chief promises swift and severe discipline if it all turns out to be true. >> his story certainly sounded crazy. now john mcafee admits he was playing the craze card. he's back in the u.s. after a month on the run. kiet do on what else mcafee says he faked to get here. >> reporter: john mcafee media sir success is on u.s. soil and its ring master promises to not stop talk being. >> i'm going to speak out big time. >> reporter: at the miami airport john mcafee was the first one off the plane. by morning throngs of media and admirers gathered outside his hotel. >> i want to make this clear, i have absolutely nothing to do with the murder in belize. >> reporter: on november 11th his neighbor was found dead,

shot in the back of the head. he had complained about mcafee's guards and barking dogs. authorities in belize want to question mcafee, but he refuses. >> people are shot by police constantly. >> reporter: after the neighbor's murder mcafee illegally entered guatemala. he admits to faking two heart attacks while there. >> the issues with your heart. >> of course it was a ruse. the pressure gave me a heart attack and i had one. >> reporter: mcafee whose software fortune once estimated at $100 million says he abandoned everything in belize and now is broke. he faces questioning from the fbi about the murder and the irs about possible tax evasion. >> when it comes to traffic

stops oakland police don't make them like they used to. the numbers are way down, by 75% from just a few years ago. officers have made fewer than 16,000 stops this year. that is down from 68,000 in 2009. police point to layoffs and staffing shortages that put low priority item osen the back burner. some officers complain that the paperwork process is complicated. bay area shoppers got unusual protection today. special escorts at a bart station. why some people are asking what's the point. >> reporter: 'tis the season for stealing. he was on his way to the west oakland bart station a few weeks ago when suddenly. >> i was ambushed by two men. they pointed a gun at me. took my stuff and pistol whipped me in the face. >> reporter: it's been

happening more frequently at bart stations this holiday season. especially to riders saturday thed with shopping bags. glare watching you and noticing you're not watching them. they're going to take that opportunity to take that property from you. >> reporter: the most common crime, cell phone theft. >> we want you to be prepared and ready. >> reporter: so oakland police, bart police and community volunteers spent four hours for one day only escorting riders to their cars and educating them about how not to become a victim. >> to do is once is a waste of time. if you're going to rob someone, wait till the police leave. >> reporter: is it effective to do it over one day? >> we wish we could do it longer. unfortunately we don't have the resources to sustain that. >> reporter: authorities say they're helping people help themselves, teaching them to stop the texting and watch their surroundings. >> we can change and reduce one victim, that's a success. and that's what we're here to do. >> reporter: a safety campaign

they claim with staying power. in oakland, christin ayers, cbs 5. >> blue shield of california wants to raise rates again. according to the l.a. times some individuals would see their rates go up as much as 20%. the increase would affect more than 3300 customers. the new piece would take effect in march. some consumer advocates say they should use some of the money in its $4 billion reserve to cooperates down. >> there's a new name being floated to replace hillary clinton. massachusetts senator john kerry. it comes after susan rice abruptly withdrew her same. rice decided that fighting with republicans simply wasn't worth it. >> reporter: republicans challenged rice's explanation of the september 11th attack in

benghazi that killed ambassador chris stevens and three others. republicans charged that the administration knew it was a planned terrorist attack. >> it is clear the information she good faith american people was incorrect. >> reporter: rice testified behind closed doors, but her critics were unrelenting. >> bottom line i'm more disturbed now than i was before that the 16 september explanation about how four americans died in benghazi, libya, by ambassador rice does not do justice to the reality at the time and in hindsight clearly was completely wrong. >> reporter: last month the president defended rice with a rare flash of public anger. >> when they go after the un ambassador, apparently because they think she's an easy target, then they've got a problem with me. >> reporter: today in a phone conversation with the president rice bowed out.

>> i didn't want to see a confirmation process that was very prolonged, very politicized, very distracting and very disruptive. >> reporter: president obama said her decision demonstrates the strength of her character and an admirable commitment to rise above the politics of the moment to put our national interests first. >> the highest tides of the year hit the bay area today. the king tides swallowed up beaches all along the shoreline. this was the view from chopper 5. in some spots the water rushed right into town. they hit their peak around mid- morning. in other areas it was up by several feet. we found a business in mill valley scrambling to stack sandbag. >> it's been coming in incredibly fast. >> i think it's pretty amazing and it's coming up really

really high. >> bill hudson sent us this video about an hour after high tide. even then the water levels were as high as the bumpers of several suvs. >> that was an astronomical high tide to go along with the fact that we are closer to the sun and moon right now. it's going to be very cold tonight. some of you are under a frost advisory and a big pattern change. a lot of rain is heading our way. find out when next. >> plus a gift card glitch. the problem that has some people complaining they can't cash in. >> and why the new movie the hobbit is making some people sick.

california. her remains arrived by prive plane in los a an hr ago. a pol mexican american singing star has made her final trip home to southern california. her remains arriving by private jet about half hour ago. a police escort accompanied a waiting hearse. rivera and six other people died sunday when their small plane crashed. her brothers traveled there earlier this week to collect her remains. she five children. funeral plans have not been announced. >> it may be the single most common complaint in the world of television. the commercials are just too darn loud. well, cbs 5 reporter mike sugerman says starting today you'll get some relief. >> our top story tonight. >> our top story tonight! >> reporter: sometimes you want tv to be louder.

other times you don't. >> this weekend only -- furniture. you've got to come buy it. you can't live without it. yeah, i can. >> reporter: banning loud commercials. who could be against that? >> i'm not a big fan of overregulation. >> reporter: but a new law went into effect today that makes loud commercials, and i mean loud commercials, illegal. >> thank god. >> super. >> i never thought when we were writing this one page bill that there would be such an overwhelming positive reaction. >> reporter: south bay congressman anna wrote what's being called the calm, the commercial advertisement mitigation act. >> consumers are pushing the mute button. whatever they're paying to advertise, that message is not coming through. >> reporter: there weren't even standards. now there are. helped set up. >> so we've been working with the industry over many years to help them find new ways of managing loudness and for us

the combination of a decade of work with the industry. >> reporter: it's an average loudness, but if it comes at you blaring you with k now complain to the fcc. >> with tivo you zip through it. >> reporter: and there is that. still, consumers are clapping. you can complain to the fcc if you go to cbssf.com. we have the link for that. you shouldn't have a problem with channel 5. i'm told we don't do that. >> at least i hope not. >> one of the most highly anticipated movies this holiday season is the hobbit. >> it opens tonight and you might want to bring something with you. why the new movie making some people physically ill. >> reporter: about 100 people are here.

they have been waiting all lined up to seat first version of the hobbit at 12:01. one version of the movie would could make you queasy. some people who have already seen the hobbit an unexpected journey report an unexpected experience. motion sickness from the high action scenes. but it wasn't even a consideration for the first woman in line at this san francisco theater. >> i just want to see the movie. >> reporter: so why the potential for nausea? the prequel to the lord of the rings trilogy, using new 3d technology that resembles high definition tv. it has a high frame rate, double the standard we've been used to for 85 years, making images more vivid and intense than ever. patrick of the berkeley digital

film institute says it's like going from vinyl to cd. >> for people who are motion sensitive it's going to be very stroboscopic. it's going to be too crisp. >> reporter: don't expect it to replace the current more comfortable viewing standard. >> it's just very organic, very rich, very easy on the eyes. it contains that mystical quality that film has. >> reporter: some hobbit fans opted against the high-tech version. >> i didn't want to camp out and spend a lot of money on a movie that would make me potentially sick. >> reporter: others were intrigued. >> i'd like to see if this is going to progress the movie industry forward. >> reporter: warner brothers says it has not encountered problems with audiences having motion sickness. it says they'll be part of a ground breaking advancement. so the high frame rate version makes you uncomfortable you can go for straight 3d, the imax or

2d versions. there's a difference in the price. all of them popular. about 900 tickets have been sold here at this theater alone for the 12:01 showing. there's 10 different showings right here. >> not stop people from going. thank you. >> big show going on right now in the sky. the geminid meet yourd my tee your shower. you have to look for a long time to see one. just go outside, look up, you don't even need a telescope. >> if i were to make a wish on one of those shooting stars it

would be for dry weather tomorrow. >> there's an event you have tomorrow and you want drier weather. things are trending a little drier. your wish is granted. we'll go outside and see one after this newscast. we did have clear skies outside. that will lead to very cold temperatures. down near freezing, fremont 35. and napa 32 for a second consecutive night. clear skies. just look up, this is an easy one for the geminid meteor shower. high def doppler, coming up dry. overall pattern is trending colder and wetter. there is a series of low pressure areas, the first will get here tomorrow. that will come straight down from alaska. that will bring in cold and unstable air for the next several days. that could be the next 10 to 14 days. the first of many arctic low pressure areas arriving

tomorrow with a slight chance of a shower. some of you won't get out of the 40s for highs tomorrow. we'll have another and another enhancing the rain chance well into next week. the 8 to 14-day outlook all wait out to december 27th, the wettest place in the country will be the coastline of california. so things trending cooler and wetter. tomorrow the clouds will edge inn crease. slight chance of a shower. mainly in the south bay and down toward monterrey. highs tomorrow, concord barely making it to 50 in san jose. 9 degrees below normal. union city 50. redwood city only 49. san rafel, 49 degrees tomorrow. get a little bit of a break on saturday. showers return saturday night. then a wet and chilly bat earn through thursday of next week. that's your cbs 5 forecast.

>> coming up the gift card glitch that's leaving many people empty handed.

cbs 5 reporter julie watts ex etailer gift cards are easy to give and great to get with one exception. >> why one major retailer is getting a lot of complaints. >> reporter: they were christmas gifts from his mom, but when ed tried to spend his macies gift cards. >> she said there's a zero balance. and i said there can't be. i haven't used it yet. >> reporter: his second card was no good either. his mother purchased them at a northern california safeway. they've been tucked away in a drawer for more than a year. >> the gift card representative who said these cards were already used. where? she said one of the places was online. and i said i don't shop online. guy into a store. >> reporter: he's not the only one complaining. we found similar complaints who say they too just learned their $100 gift cards were worthless. it's not just macies.

two years ago a batch of best buy gift cards turned out to have zero plans as well. >> it's kind of embarrassing when it doesn't work. >> reporter: back then the problem was tampering, scammers scratch off the pin code and registering the card so once it was purchased they could use the money before the person who purchased it. he noticed his code was exposed. tonight macies confirms it did have a problem with tampered cards several years ago and it's possible these are part of the leftover stock. it's also possible there's a new round of tampering. >> tough luck. >> reporter: well not necessarily. macies tells us tonight if your gift card is no good simply call number on the back of the card and macies will replace it. the moral of the story is always check the back of the card before you purchase it to make sure the activation number is not exposed. if you're gifting the card,

attach that activation receipt. [ female announcer ] here's to a whole world of happier holidays. time to enchant, delight and amaze. safeway will help you gather everyone round. a smoked, shank half ham is only 99 cents a pound. get breyer's ice cream for $2.88 and dessert will surely shine. make it a grand finale with starbucks just $6.99. turns out this season less is really so much more. so make your holiday merrier than ever before. safeway. ingredients for life.

next opponent..never look a on the schedule..that was not the for new england quarterback brady.. "forward to it" jim harbaugh mantra is the 49ers look ahead to the next game on the schedule. tom brady side something interesting this week that he started studying the 49er defense in november. how many guys can do that? not many. very interesting. the greatness of tom brady is document. one of the greatest of all time. so we're excited to compete

against him. >> we're up to the challenge and looking forward to. >> andres torres returning to san francisco. he and the giants agreed to a one-year, $2 million deal. torres was the leadoff hitter for the 2010 championship team. high school basketball, top recruit aaron gordon facing travis high from texas. game would go to overtime, less than 20 left. the layup. 54-53 travis. gordon off the inbound. this for the tie. in and out. travis wins 56-53. gordon held to 14 points. >> that time of year. >> indeed. >> see you at 11:00.